Appalachian Voices v. EPA

The federal district court for the District of Columbia dismissed a class action challenging EPA’s termination of Environmental and Climate Justice Block Grants awarded pursuant to the Inflation Reduction Act. The court concluded that it did not have jurisdiction over the grant recipients’ claims under the Administrative Procedure Act that the terminations were arbitrary and capricious or contrary to law. Instead, the court determined that the Court of Federal Claims had exclusive jurisdiction over the claims under the Tucker Act because the plaintiffs’ claims were contractual. The court also ruled that the grant recipients could not bring separation of powers and Presentment Clause claims because these constitutional claims were predicated on “underlying statutory violations” of the Clean Air Act and Inflation Reduction Act, and D.C. Circuit precedent prohibits bringing “freestanding” constitutional claims if the underlying violation is statutory.

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